2008-82 AUTHORIZING CONTRACT PAY AND BENEFITS - I.A.F.F. LOCAL 505, FIRE ASSOCIATION

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allowed to use accumulated sick and/or paid leave and/or be placed on unpaid leave pending treatment. Such leave cannot exceed one (1) calendar year. Section 10. Discipline. All discipline in situations involving a� positive drug/alcohol test shall be administered as specified below: (a) First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to: (1) undergo appropriate treatment as determined by the physician(s) involved; (2) discontinue use of illegal drugs or abuse of alcohol; (3) complete the course of treatment prescribed, including an "after-care" group for a period up to twelve (12) months; (4) submit to random testing during working hours during the period of "after-care" treatment. Employees who do not agree to or who do not act in accordance with the foregoing, or who test positive a second or subsequent time shall be subject to disaipline, up to and including discharge. (b) Second Positive. Employees who test positive in the confirmatory test of drugs or alcohol on a second occasion shall be subject to discharge. If the employer is then undergoing treatment, as provided in (a) (1) and (3) of Section 10 above, or if there are other mitigating circumstances (such as the absence of any adverse effect on job performance), the discharge penalty may be commuted to a suspension not to exceed thirty (30) calendar days. (c) Third Positive. Employees who test positive on the confirmatory test of drugs or alcohol on a third occasion shall be subject to discharge without possibility of mitigation or commutation. The Fire Chief is hereby empowered by contract to impose such penalty, and neither the Civil Service Commission nor an arbitrator shall have jurisdiction to review, set aside or modify such penalty. This Section 10 shall in no way limit discipline�for other offenses arising out of, related to or aggravated by alcohol or drug abuse, including but not limited to discipline or discharge because the employee's condition is such that he is unable to properly perform his duties due to the effects of drugs or alcohol, nor shall it limit the discipline to be imposed for selling, purchasing or delivering any illegal drug during the work day or while off duty or for using any illegal drug while on duty. In cases of misconduct arising out of, related to, or aggravated by alcohol or drug abuse, the discipline imposed shall b� based upon the extent, severity, and/or consequences of the misconduct (including wheth�r such misconduct is a violation of public law) or inability to perform (including the risk of damage to public or Fire Department life, limb or property). Section 11. Confidentiality of Test Results. The results of drug and alcohol tests will be disclosed to the person tested, the Fire Chief, the Human Resources Manager, the designated representative of the Union, and such other officials as may be mutually agreed to by the parties. Such designations will be made on a need-to-know basis. Test results will not be disclosed externally except where the person tested consents. Any employee whose 35